IN THE CASE OF:	

		BOARD DATE:	  31 October 2013

		DOCKET NUMBER:  AR20130004283 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Purple Heart (PH) and the Navy Achievement Medal with Device.

2.  The applicant states the Marine Corps unit of attachment did not forward his award.

3.  The applicant provides:

* NAVPERS Form 1650/6 (Award Recommendation)
* Navy Achievement Medal Citation
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records show he enlisted in the Regular Army on 6 November 1967.  He was trained in and awarded military occupational specialty 67N (UH-1 Helicopter Repairman).

3.  His DA Form 20 (Enlisted Qualification Record) shows he twice served in the Republic of Vietnam (RVN) during the following periods with the units indicated:

* (13 July 1968 – 11 July 1969) – Headquarters and Headquarters Company, 198th Infantry Brigade
* (15 December 1969 – 21 October 1970) – 7th Battalion, 17th Cavalry Regiment

4.  Item 38 (Record of Assignments) of his DA Form 20 shows the applicant received no less than “excellent” conduct and efficiency ratings at each of his active duty assignments.  His Army Military Human Resource Record (AMHRR) (previously known as the Official Military Personnel File) is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).

5.  Item 40 (Wounds) of his DA Form 20 is blank and item 41 (Awards and Decorations) does not include the PH.  It does show he qualified "Expert" with the M-14 rifle.

6.  The applicant's AMHRR includes the following documents:

   a.  NAVPERS Form 1650/6, which shows a recommendation was made for the applicant's award of the Navy Commendation Medal with Combat "V" for his courageous actions on 14 February 1969.  
   
   b.  Assistant Vice Chief of Naval Operations, Director of Naval Administration, 7th Endorsement, dated 14 October 1969.  It shows this official forwarded a request for the applicant's award of the Navy Commendation Medal to the Secretary of the Navy.  It also shows that the more appropriate award to consider the applicant for was the Navy Achievement Medal with Combat "V."
   
   c.  Under Secretary of the Navy, Department of the Navy letter, dated 21 November 1969.  It shows the Secretary of the Navy approved the applicant's award of the Navy Commendation Medal with Combat Distinguishing Device.
   
   d.  Navy Commendation Medal with Combat "V" Certificate, dated 21 November 1969.

7.  His AMHRR does not contain any orders or other documents to show he was recommended for or awarded the PH. 

8.  The applicant was honorably released from active duty on 22 October 1970 after completing 2 years, 11 months, and 17 days of creditable active military service.  His DD Form 214 shows he was awarded or authorized the:

* Bronze Star Medal
* Army Commendation Medal with Oak leaf Cluster
* Air Medal
* National Defense Service Medal
* Vietnam Service Medal (VSM)
* RVN Campaign Medal
* Aircraft Crewman Badge
* 4 Overseas Service Bars

9.  The Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the U.S. Army Human Resources Command, an index of general orders issued during the Vietnam era between 1965 and 1973, was reviewed.  This review failed to show any orders announcing the applicant's award of the PH.

10.  During the processing of this case, a member of the Board's staff reviewed the Department of the Army Vietnam Casualty Roster.  There is no entry pertaining to the applicant.

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.

	a.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that the PH is awarded to any member who has been wounded or killed in action.  A wound is defined as an injury to any part of the body from an outside force or agent sustained under conditions defined by this regulation.  It stipulates that in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that it required treatment by a medical officer and a record of this treatment must have been made a matter of official record. 


	b.  Paragraph 2-13 contains guidance on award of the VSM and states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  A silver service star is worn instead of 5 bronze service stars.  Appendix B shows that during his tours in Vietnam participation credit was awarded for the following seven campaigns:

* Vietnam Counteroffensive Phase V
* Vietnam Counteroffensive Phase VI
* TET 69 Counteroffensive, 1969
* Vietnam Summer-Fall 1969
* Vietnam Winger-Spring 1970
* DA Sanctuary Counteroffensive
* Vietnam Counteroffensive Phase VII

12.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.
   
13.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), paragraph 6 (Miscellaneous Information), states that not more than one Republic of Vietnam (RVN) Gallantry Cross Unit Citation will be worn by any individual.  This precludes wear of the Vietnamese Fourragere which represents additional unit awards of the RVN Gallantry Cross. Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:
   
1.  The applicant requests award of the Navy Achievement Medal with Device and PH.  There is sufficient evidence to support granting a portion of the requested relief.

2.  The evidence of record confirms the Secretary of the Navy considered the initial recommendation to award the applicant the Navy Commendation Medal with Combat "V" Device and the subsequent recommendation to downgrade this award to the Navy Achievement Medal with Combat "V."  It also confirms the Secretary of the Navy approved the applicant's award of the Navy Commendation Medal with Combat Distinguishing Device.  This award is not currently reflected on his DD Form 214 and should be added at this time.

3.  The evidence of record confirms the applicant received no less than "excellent" conduct and efficiency ratings during his period of service.  In addition, his AMHRR is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the AGCM.  As a result, it would be appropriate to award him the AGCM for his qualifying period of honorable active service from 6 November 1967 to 22 October 1970 and to add this award to his DD Form 214.

4.  The evidence of record also shows the applicant qualified "expert" with the
M-14 rifle.  Further based on his RVN service and campaign participation, he is authorized two awards of the RVN Gallantry Cross with Palm Unit Citation and one silver service star and two bronze service star to be affixed to his already-awarded VSM.  Therefore, his DD Form 214 should be corrected to show these awards.

5.  The applicant claims entitlement to the PH.  The available record provides no evidence to show he was wounded as a result of enemy action.  It also contains no medical evidence to show he was ever treated for a combat related wound.  Item 40 of his DA Form 20 is blank, and his name is not shown on the Vietnam Casualty Roster as receiving any wounds.  Absent evidence to corroborate that he was wounded as a result of enemy action and that he received medical treatment for such wounds, the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case.  Therefore, he is not entitled to this portion of the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

     a.  awarding him the Army Good Conduct Medal (1st Award) for the period
6 November 1967 – 22 October 1970;

	b.  amending his DD Form 214 by deleting the Vietnam Service Medal; and 

	c.  adding the following awards to his DD Form 214:

* Navy Commendation Medal with Combat Distinguishing Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with silver service star and two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Expert Marksmanship Qualification Badge with M-14 Rifle Bar

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Purple Heart.




      __________x_____________
       	   CHAIRPERSON
      
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20130004283





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ABCMR Record of Proceedings (cont)                                         AR20130004283



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